by Norman L. Eisen, Ryan Goodman, Siven Watt, Francois Barrilleaux, Sasha Matsuki and Arava Rose
November 29, 2023
This repository contains a collection of information for researchers, journalists, educators, scholars, and the public at large. This particular repository is part of a much larger collection – the Trump Trials Clearinghouse – which contains similar documents and information related to other criminal and civil trials involving former President Donald Trump.
The repository and other parts of the Trump Trials Clearinghouse will be continually updated. If you think the repository is missing something, please send recommendations for additional content by email to lte@justsecurity.org.
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Relevant Court Proceedings
United States v. Trump Case No. 9:23-cr-80101
Charging Instruments and Arraignment
- Trump waiver of appearance at arraignment, and entry of not guilty plea (Aug. 4, 2023)
- Superseding Indictment charging a third defendant, Carlos De Oliveira, with four counts, and adding three counts against Trump and two counts against Nauta (July 27, 2023)
- Government notice of superseding indictment (July 27, 2023)
- Minute order for Nauta initial appearance and arraignment (July 6, 2023)
- Full transcript of Trump arraignment (June 14, 2023)
- Minute order for Trump initial appearance and arraignment (June 13, 2023)
- Order denying press coalition motion (June 12, 2023)
- Press coalition motion to intervene and unseal Trump indictment (June 9, 2023)
- Order granting motion to unseal case (June 9, 2023)
- Government motion to unseal indictment (June 9, 2023)
- Order granting government motion to seal indictment, judicial summonses, and related paperwork (June 8, 2023)
- Government motion to seal indictment, judicial summonses, related paperwork, and any resulting order until Trump appeared in court (June 8, 2023)
- Indictment of Donald Trump and Waltine Nauta (June 8, 2023)
Scheduling
- Order granting in part defendants motions to continue pretrial deadlines and denying without prejudice motion to adjourn trial, and resetting pretrial scheduling (Nov. 10, 2023)
- Paperless minute entry for November 1 hearing on the defendants motions to revise schedule and extend deadlines, and temporarily staying all pretrial dates pending order to follow (Nov. 3, 2023)
- Paperless notice scheduling Nov. 1 hearing on Trump motions for revised schedules for motions to compel and CIPA Section 4 litigation, and staying Oct. 20 deadlines (Oct. 19, 2023)
- Government opposition to defendants Oct. 15 motion to extend Oct. 20 deadline for discovery requests and motions to compel (Oct. 16, 2023)
- Defendants motion to extend Oct. 20 deadline for discovery requests and motions to compel (Oct. 15, 2023)
- Trump reply in support of motion for adjournment of the trial date (Oct. 11, 2023)
- Trump notice to court regarding scheduling conflicts with D.C. federal indictment of Trump (Aug. 17, 2023)
- Order granting in part government motion to continue trial and resetting deadlines (trial set for May 20, 2024) (July 21, 2023)
- Government reply in support of its motion for continuance and proposed revised scheduling order (July 13, 2023)
- Trump and Nauta response in opposition to government motion for continuance and proposed revised scheduling order (July 10, 2023)
- Government motion for continuance and proposed revised scheduling order (June 23, 2023)
- Order setting trial date and establishing pretrial instructions and sentencing procedures (June 20, 2023)
- Order granting in part defendants motion to continue pre-trial deadlines and denying without prejudice motion to adjourn (Nov. 10, 2023).
Discovery and Speedy Trial Reports
- Government opposition to defendants Oct. 15 motion to extend Oct. 20 deadline for discovery requests and motions to compel (Oct. 16, 2023)
- Government discovery report (Sept. 14, 2023)
- Government seventh speedy trial report (Nov. 14, 2023)
- Government sixth speedy trial report (Oct. 24, 2023)
- Government fifth speedy trial report (Oct. 3, 2023)
- Government fourth speedy trial report regarding De Oliveira (Sept. 12, 2023)
- Government third speedy trial report (Aug. 22, 2023)
- Government second speedy trial report (Aug. 1, 2023)
- Government first speedy trial report (July 11, 2023)
- De Oliveira second speedy trial report (Sept. 12, 2023)
- De Oliveira first speedy trial report (Aug. 22, 2023)
- Government supplemental response to standing discovery order (Nov. 2, 2023)
- Government reply to Trump response to government Oct. 19 supplemental response to standing discovery order (Oct. 26, 2023)
- Government supplemental response to standing discovery order (Oct. 16, 2023)
- Government supplemental response to standing discovery order (Oct. 6, 2023)
- Government supplemental response to standing discovery order (Sept. 1, 2023)
- Government supplemental response to standing discovery order (Aug. 15, 2023)
- Government supplemental response to standing discovery order (Aug. 11, 2023)
- Government supplemental response to standing discovery order (July 31, 2023)
- Government supplemental response to standing discovery order (July 17, 2023)
- Government supplemental response to standing discovery order (July 6, 2023)
- Government response to standing discovery order (June 21, 2023)
- Paperless standing discovery order (June 13, 2023)
Classified Information Procedures Act (CIPA) and Protective Orders related to Classified Information
- Government motion for CIPA Section 5 Notification (Nov. 15, 2023)
- Defendant unopposed motion to reschedule hearing on CIPA Section 4 motions (Nov. 13, 2023)
- Paperless minute entry for November 1 hearing on the defendants motions to revise schedule and extend deadlines, and temporarily staying all pretrial dates pending order to follow (Nov. 3, 2023)
- Order following CIPA Section 3 supplemental briefing (Nov. 1, 2023)
- Paperless notice scheduling Nov. 1 hearing on Trump motions for revised schedules for motions to compel and CIPA Section 4 litigation, and staying Oct. 20 deadlines (Oct. 19, 2023)
- Paperless order staying CIPA Section 4 deadlines pending resolution of Trump motion for revised schedule and supplemental briefing on meaning and scope of CIPA section 3 (Oct. 6, 2023)
- Trump reply in support of motion for revised schedule for defense discovery requests, motions to compel, and CIPA Section 4 motions, and new motion to push trial date to after Nov. 2024 (Oct. 4, 2023)
- Government response in opposition to Trump motion for revised schedule for defense discovery requests, motions to compel, and CIPA Section 4 motions (Sept. 27, 2023)
- De Oliveira notice to adopt Nauta supplemental briefing on ordinary meaning and scope of CIPA Section 3 (Sept. 26, 2023)
- Nauta supplemental briefing on ordinary meaning and scope of CIPA Section 3 (Sept. 25, 2023)
- Government supplemental (1) briefing on ordinary meaning and scope of CIPA section 3, and (2) motion for modification to protective orders concerning Nauta and De Oliveira, adding provision permitting defense to seek assent from government or court for specific classified information to be disclosed to Nauta and De Oliveira on a case-by-case basis (Sept. 25, 2023)
- Trump motion for revised schedule for defense discovery requests, motions to compel, and CIPA Section 4 motions (Sept. 22, 2023)
- Government updated CIPA Section 10 notice (Sept. 18, 2023)
- Government CIPA Section 10 notice (Sept. 14 2023)
- Order following CIPA Section 3 hearing on Sept. 12 on Government motions (Sept. 13, 2023)
- Court protective order governing disclosure of classified information to Trump and counsel (Sept. 13, 2023)
- Court protective order governing disclosure of classified information to Nauta and counsel (Sept. 13, 2023)
- Court protective order governing disclosure of classified information to De Oliveira and counsel (Sept. 13, 2023)
- Government supplemental motion for protective order pursuant to CIPA Section 3 (Aug. 18, 2023)
- Order scheduling sealed hearing on CIPA Section 3 protective order (Aug. 17, 2023)
- Government reply in support of renewed motion for protective order pursuant to CIPA Section 3 (Aug. 14, 2023)
- Nauta opposition motion to government renewed motion for protective order (Aug. 10, 2023)
- Trump response in opposition to government renewed motion fora protective order pursuant to CIPA Section 3 (Aug. 9, 2023)
- Government renewed motion for a protective order pursuant to CIPA Section 3 (July 27, 2023)
- Full transcript of pretrial conference hearing pursuant to CIPA Section 2 (July 18, 2023)
- Government motion for a protective order pursuant to CIPA Section 3 (July 17, 2023)
- Government opposition to Nauta motion to continue CIPA Section 2 pretrial conference (July 10, 2023)
- Trump response to Nauta motion to continue pretrial CIPA Section 2 pretrial conference (July 10, 2023)
- Nauta motion to continue pretrial CIPA Section 2 pretrial conference (July 10, 2023)
- Order granting government unopposed motion for pretrial conference pursuant to CIPA Section 2 (June 26, 2023)
- Government motion for a pretrial conference pursuant to CIPA and appointment of a Classified Information Security Officer (June 23, 2023)
- Order granting Government motion for a protective order limiting the disclosure of discovery information (June 19, 2023)
- Notice of compliance of Trump attorneys contacting the Litigation Security Group of the U.S. Department of Justice (June 16, 2023)
- Government motion for a protective order limiting the disclosure of discovery information (June 16, 2023)
Garcia Hearings
- Order following Walt Nauta Oct. 20 Garcia hearing, accepting waiver of conflict (Oct. 25, 2023)
- Paperless minute entry noting court found during Oct. 20 Garcia hearing that Walt Nauta waived any potential or actual conflict re counsel Stanley Woodward (Oct. 20, 2023)
- Walt Nauta response to supplement to government motion for a Garcia hearing as to Walt Nauta (Oct. 19, 2023) [e-filed Oct. 20, 2023]
- Supplement to government motion for a Garcia hearing as to Walt Nauta (Oct. 18, 2023)
- Order rescheduling Walt Nauta Oct. 12 Garcia hearing to Oct. 20 (Oct. 16, 2023)
- Order following De Oliveira Oct. 12 Garcia hearing, accepting waiver of conflict (Oct. 15, 2023)
- Paperless minute entry of De Oliveira Oct. 12 Garcia hearing (Oct. 15, 2023)
- Paperless order clarifying Press Coalition motion to intervene and be heard on closure of the courtroom during Oct. 12, 2023 Garcia hearings (Oct. 11, 2023)
- Notice of counsel appearing on behalf of Press Coalition for October 12, 2023 Garcia hearings (Oct. 11, 2023)
- Paperless order on Press Coalition motion to intervene and be heard on closure of the courtroom during Oct. 12, 2023 Garcia hearings (Oct. 11, 2023)
- Press Coalition motion to intervene and be heard on closure of the courtroom during Oct. 12, 2023 Garcia hearings (Oct. 10, 2023)
- Paperless order granting in part Government motion for Garcia hearings regarding Nauta, De Oliveira and counsel, to be held on Oct. 12, 2023 (Sept. 25, 2025)
- Government reply in support of Garcia hearing regarding De Oliveira and counsel (Sept. 6, 2023)
- De Oliveira opposition to government motion for a Garcia hearing (Aug. 30, 2023)
- Government response to Nauta motion to unseal information relating to June 30 and July 5 conflicts hearings (Aug. 25, 2023)
- Nauta motion for leave to file sur-reply to government reply in support its motion for a Garcia hearing (Aug. 25, 2023)
- Government reply to Nauta opposition to government motion for Garcia hearing (Aug. 22, 2023)
- Nauta opposition motion to government motion for Garcia hearing (Aug. 17, 2023)
- Government motion for Garcia hearing regarding De Oliveira and counsel (Aug. 16, 2023)
- Order directing responses to government motion for Garcia hearing regarding Nauta and counsel (Aug. 7, 2023)
- Government motion for Garcia hearing regarding Nauta and counsel (Aug. 2, 2023)
Trial Defenses
Other Matters
- Paperless order on Local Rule 7.8 notices of supplemental authority (Nov. 3, 2023)
- Notice of Trump motion to stay D.C. case pending resolution of his motion to dismiss the indictment based on Presidential Immunity (Nov. 2, 2023)
- Partially redacted search warrant materials, from Oct./Nov. 2022 (Aug. 28, 2023)
- CASE NO. 22-MJ-8489-BER (orig. filed Oct. 27, 2022)
- CASE NO. 22-MJ-8533-BER (orig. filed Nov. 21, 2022)
- CASE NO. 22-MJ-8534-BER (orig. filed Nov. 21, 2022)
- CASE NO. 22-MJ-8547-BER (orig. filed Nov. 28, 2022)
- CASE NO. 22-MJ-8548-BER (orig. filed Nov. 28, 2022)
- CASE NO. 22-MJ-8549-BER (orig. filed Nov. 28, 2022)
- CASE NO. 22-MJ-8550-BER (orig. filed Nov. 28, 2022)
- Government notice of filing in which redacted versions of several documents were unsealed (July 25, 2023)
- Less redacted affidavit supporting the search warrant for the August 2022 Mar-a-Lago search (July 6, 2023)
- Government motion to seal response and redacted warrant affidavit (July 5, 2023)
- Order on press coalition motion to unseal affidavit in support of Mar-a-Lago search warrant and order unsealing docket entry 147 (July 5, 2023)
- Press coalition motion to intervene and oppose the government motion to file witness list under seal (June 26, 2023)
- Government motion to implement special condition of release (June 23, 2023)
- Personal recognizance bond entered as to Trump (June 13, 2023)
Relevant Government Documents and Correspondence
- Trump, Letter to Archives designating new representatives pursuant to Presidential Records Act (Sept. 19, 2023)
- Trump attorneys, Letter to Attorney General Garland (May 23, 2023)
- Trump attorneys, Letter to House Intelligence Committee Chair (April 26, 2023)
- Acting Archivist of the United States Debra Steidel Wall, Response Letter to September 13, 2022 Letter from U.S. Committee on Oversight and Reform Chairwoman Rep. Carolyn B. Maloney (September 30, 2022)
- Department of Justice, Detailed Inventory of August 8, 2022 search
- Department of Justice, Revised Detailed Inventory (Sept. 26, 2022)
- Department of Justice, Privilege Review Team Inventory (filed Aug. 30, 2022)
- FBI Search Warrant (Aug. 5, 2022)
- FBI Affidavit (less redacted) accompany search warrant application (Aug. 5, 2022) (less redacted version released Jul. 5, 2023) (see also version with Just Security's highlights showing newly unredacted portions of the text)
- Former President Trump, Letter designating representatives to access Archives (Kash Patel and John Solomon ) (June 19, 2022)
- Trump counsel Christina Bobb, Certification on Responsive Documents (June 3, 2022)
- Trump counsel Evan Corcoran, Letter to Justice Department (May 25, 2022)
- Grand Jury subpoena (May 11, 2022)
- Acting Archivist of the United States Debra Steidel Wall, Letter to Trump counsel Evan Corcoran (May 10, 2022)
- Presidential Memorandum - Declassification of Certain Materials Related to the FBI Crossfire Hurricane Russia Investigation (Jan. 19, 2021)
- President Trump, Letter designating representatives to Archives (Mark R. Meadows, Pasquale A. Cipollone, John A. Eisenberg, Patrick F. Philbin, Scott F. Gast, Michael M. Purpura, and Steven A. Engel) (Jan. 19, 2021)
- National Archives General Counsel Gary M. Stern, Email to Patrick Philbin, Mike Purpura, and Scott Gast “Need for Assistance re Presidential Records” (May 6, 2021)
- U.S. General Services Administration, Correspondence on movement of FPOTUS property (Jan. 15, 2021) (FOIA release)
- Deputy Assistant Attorney General, Office of Legal Counsel, Devin Debacker, “Responsibility for Electronic Presidential Records on Hardware of the Executive Office of the President After a Presidential Transition” (Jan. 15, 2021)
- White House Counsel Don McGahn, Memorandum - Presidential Records Act Obligations (Feb. 22, 2017)
- President Trump, Letter designating representatives to Archives (Donald F. McGahn II, Stefan C. Passantino, and Ann M. Donaldson) (Feb. 16, 2017)
- National Archives Public Statements (occasionally updated)
Key Statutes and Executive Branch Instruments
- Executive Order 13526 - Classified National Security Information (December 29, 2009)
- Executive Order 13489 - Presidential Records (January 21, 2009)
- Principals 18 U.S.C. § 2
- Gathering, Transmitting or Losing defense information 18 U.S.C. § 793(e)
- False Statements 18 U.S.C. § 1001(a)(1), 18 U.S.C. § 1001(a)(2)
- Tampering with a Witness, Victim, or an Informant 18 U.S.C. § 1512(b)(2)(A) and 18 U.S.C. § 1512(b)(2)(B)
- Conspiracy to Obstruct an Official Proceeding 18 U.S.C. § 1512(k)
- Destruction, Alteration, or Falsification of Records in Federal Investigations 18 U.S.C. § 1519
- Classified Information Procedures Act 18 U.S.C. App. III.
- Presidential Records Act 44 U.S.C. Chapter 22
Just Security Writings
Public Resources and Expert Backgrounders
- David Aaron interview by Paras Shah, The Just Security Podcast: An Update on the Trump Classified Documents Case, Just Security (Aug. 10, 2023)
- David Aaron, Andrew Weissman, and James Wyda interview by Paras Shah, The Just Security Podcast: Insiders’ Views of Espionage Act Trials, Just Security (July 17, 2023)
- Brian Greer, The Quick Guide to CIPA (Classified Information Procedures Act), Just Security (July 10, 2023)
- David Aaron interview by,Paras Shah, The Just Security Podcast An Insider View of Trump's Second Indictment, Just Security (June 10, 2023)
- David Aaron, How Much Prison Time Does Former President Trump Face? Applying the U.S. Sentencing Guidelines, Just Security (June 12, 202)
- David Aaron, Expert Backgrounder: Secret Evidence in Public Trials, Just Security (June 6, 2023)
- Andrew Weissmann, Ryan Goodman, Joyce Vance, Norman Eisen, Fred Werthheimer, Siven Watt, E. Danya Perry, Joshua Stanton, and Joshua Kolb, Model Prosecution Memo for Trump Classified Documents (Second Edition), Just Security (June 2, 2023)
- Ryan Goodman and Clara Apt, Tracker: Evidence of Trump’s Knowledge and Involvement in Retaining Mar-a-Lago Documents, Just Security (Jan. 19, 2023)
- Michael Stern, Assessing Trump’s Claim of ‘Executive Privilege’ on FBI Access to MAL Docs, Just Security (Aug. 28, 2022)
- J. William Leonard, Myths & Misunderstandings Relating to Mar-a-Lago Documents Investigation, Just Security (Aug. 16, 2022)
- Asha Rangappa, Norman L. Eisen and Bradley P. Moss, Expert Backgrounder: Criminal Statutes That Could Apply to Trump’s Retention of Government Documents, Just Security (Aug. 9, 2022)
- Andrew Weissmann, Ryan Goodman, Joyce Vance, Norman L. Eisen, Fred Wertheimer, E. Danya Perry, Siven Watt, Joshua Stanton, Donald Simon and Alexander K. Parachini, Model Prosecution Memo for Trump Classified Documents (First Edition), Just Security (Nov. 17, 2022)
- Katherine Fang, Lessons from Petraeus’s Guilty Plea for Trump’s Classified Docs Investigation, Just Security (Aug. 10, 2022)
Analysis
- Samuel Issacharoff, Prosecuting a President – Under What Conditions Is It Warranted?, Just Security (July 6, 2023)
- Just Security, The Trump Indictment: What Top Intelligence Experts Are Saying, Just Security (June 14, 2023)
- Tess Bridgeman and Brianna Rosen, National Security Implications of Trump’s Indictment: A Damage Assessment, Just Security (June 10, 2023)
- Laurence H. Tribe and Dennis Aftergut, Trump’s Most Pivotal, Incriminating Admission on CNN, Just Security (May 17, 2023)
- Laurence H. Tribe, Phillip Lacovara and Dennis Aftergut, When, Where and For What Mar-a-Lago Crimes Should Garland Indict Trump?, Just Security (Sept. 6, 2022)
- Norman L. Eisen, Ryan Goodman, E. Danya Perry, Doland Simon, Joshua Stanton, Joyce Vance, Siven Watt, Andrew Weissmann and Fred Werthheimer, Our Prosecution Memo Points the Way for the Special Counsel, Just Security (Nov. 21, 2022)
- Andrew Weissmann, Joyce Vance, and Ryan Goodman with Paras Shah, The Just Security Podcast: United States v. Trump – A Model Prosecution Memo for Mar-a-Lago, Just Security (Nov. 18, 2022)
- Michael Stern The Absence of Any Executive Privilege by a Former President For National Security Secrets, Just Security (Sept. 9, 2022)
- George Croner, A Damage Assessment of Trump’s “Declassification Defense”, Just Security (Aug. 29, 2022)
- Ryan Goodman, Trump Associate’s Stated Plan to Publicly Release “Declassified” Documents, Just Security (Aug. 18, 2022)
Media and Other Resources
- Melissa Quinn, Timeline: The Justice Department's Prosecution of the Trump Documents Case, CBS News (Aug. 23, 2023)
- Norman Eisen, Joshua Kolb and Fred Wertheimer, The incredibly savvy simplicity of Jack Smith’s latest Trump indictment, MSNBC (Aug. 2, 2023)
- Zachary B. Wolf and Curt Merrill, Former President Donald Trump's Second Indictment, Annotated, CNN Politics (July 28, 2023)
- Charlie Savage, The Trump Classified Documents Indictment, Annotated, The New York Times (July 27, 2023)
- Katie S. Phang, Read an Annotated Version of Trump's Classified Docs Indictment, MSNBC (June 13, 2023)
- Michael R. Sisak, Jill Colvin and Lindsay Whitehurst, A Timeline of Events Leading to Donald Trump’s Indictment in the Classified Documents Case, AP News (June 10, 2023)
- Norman Eisen, Andrew Weissmann, and Joyce Vance, How to Convict Trump, The New York Times (June 9, 2023)
Selected Trump Statements